HomeMy WebLinkAboutMeridian Counseling & Wellness RZ-05-004 CUP-05-012CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I -L to C -G
zone and a Conditional Use Permit to allow the operation of a new carwash and
convenience store.
Case No(s). RZ-05-004, CUP -05-012
For the City Council Hearing Date of. May 24 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the May 24, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
C. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 1 of 4
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are VJ Joint Ventures, Ronald Van Auker.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit C for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
January 10, 2005 as shown in Exhibit B, and Site Specific and Standard Conditions of
Approval in Exhibit E.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit D.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A:
Legal Description - Survey
Exhibit B:
Approved Rezone Map/Site Plan
Exhibit C:
Findings Zoning/Rezone
Exhibit D: Findings Conditional Use Permit
Exhibit E: Standard and Site Specific Conditions of Approval
By action of the City Council at its regular meeting held on the S`
LDday of
2005.
COUNCIL MEMBER SHAUN WARDLE VOTED l it
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 3 of 4
*6191112 Lei I NOV u: 1%19 X 91HIRYUH,
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
G. Berg, Jr., City Clerki-
Copy served upon Applicant, The
and City Attorney.
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By: Dated: - 131;
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 4 of 4
EXHIBIT A
Ulmer, Ruth and Jeff
CUP -05-028, RZ-05-002
Legal Description
M LRKS
IA'N`D,-% Colleen Marks, L.S. 7045 • 6405 Ustick Road • Boise,
Idaho 83704
t!L)INGi Phone: (208) 378-7703 • Fax., (208) 378-7759 * Email: marksls@velocitus.net
REZONE DESCRIPTION FOR
JEFF AND RUTH IUMER
A parcel of land being the N1/2 of Lots 7 and 8, Block 1, Cottage Home Addition, as
recorded in Book I of Plats at Page 42, records of Ada County, Idaho, and portions of
F. Fifth Street and E, State Avenue, said parcel lying in the NWI/4 of Section 7, T.3N.,
R, lE., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more
particularly described as follows:
Commencing at a found Brass Cap marking the centerline intersection of E. Pine Avenue
and E. Fifth Street; thence N.00008' 11"E. 236.13 feet along the said centerline of
E_ Fifth Street to a point marking the REAL POINT OF BEGINNING;
thence continuing N.00008'1 I"F,. 100.06 feet along the said centerline of R Fifth Street
to a found Brass Cap marking the centerline intersection of said E. Fifth Street and
E_ State Avenue;
thence N.89° 13152"E. 141.28 feet along the said centerline of E_ State Avenue to a point;
thence S,00008'48"W. 40.01 feet to a set 1/2" iron pin lying along the southerly right of
way of said E. State Avenue and marking the NE Comer of said Lot 8, Block 1, Cottage
Home Addition,
thence continuing S.00°08'48"W. 59.98 feet along the easterly boundary of said Lot 8,
Block 1, Cottage Home Addition to a set 1/2" iron pin;
thence S.89°12'00"W_ 141.27 feet to the point of beginning, containing 0.32 acres, more
or less.
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EXHIBIT B
Ulmer, Ruth and Jeff
CUP -05-02$, RZ-05-002
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EXHIBIT C
Ulmer, Ruth and Jeff
CUP -05-028, RZ-05-002
Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1. The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. The subject property is within the Urban Services Planning Area.
3. A Development Agreement will not be necessary with this rezone. All conditions
of approval will be made as part of the Conditional Use Permit.
SITE SPECIFIC CONDITIONS OF APPROVAL CUP
1. The applicant shall widen the drive aisle to twenty-five feet (25') and shift the
parking spacing correspondingly to the east.
2. The applicant shall work with Planning and Zoning staff to receive approval of
reduced land use buffers through Alternative Compliance (MCC 12-13-5). The
applicant shall be required to install a six foot (6') solid fence along the south and
east property lines. In addition, the applicant shall provide two (2) additional
trees on along the south property line and one (1) additional tree along the east
property line.
3. The applicant shall be required to provide two (2) additional trees along the north
property line in conformance with MCC 12-13-10.
4. The applicant shall be required to submit a recorded copy of a License Agreement
with the Ada County Highway District which allows the placement of paving and
landscape materials within the right of way prior to issuance of a Certificate of
Zoning Compliance for the property.
5. No freestanding signs are proposed for this project and none are approved. The
proposed wall sign will require a separate sign permit and shall conform to the L-
O standards in the zoning ordinance (Table C, of MCC 11-14-10). The proposed
directional sign to be located at the front entrance to the building is approved as
proposed and does not require a sign permit, provided it adheres to the
stipulations outlined in MCC 11-14-9.C.1. All signage shall be in accordance
with the standards set forth in this report and Section 11-14 of the City Zoning
and Development Ordinance.
6. The building and site improvements shall be constructed per the approved plans
with all modifications required by this application.
7. The applicant shall revise the site/landscape plan to show the requested
modifications, and submit 10 copies of the revised plan to the City Clerk's office
at least 10 days prior to the next public hearing on this application.
8. Meridian City Code requires that this site be served with an automatic
underground irrigation system. Use of non -potable irrigation water is required
when determined to be available by the City Public Works Department as
regulated by City Ordinance 9-1-28.
9. Sanitary sewer and water service shall be from the city of Meridian's existing
systems adjacent to the site. Upgrading of existing service lines maybe necessary
to provide a level of service different from a residential use. The applicant to
coordinate this with City of Meridian Public Works Department.
10. The applicant shall design any new surface improvements so that all storm
drainage shall be retained on site. A drainage plan, including drainage
calculations, designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal shall be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into a surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
11. The hours of operation of the business shall be limited to 6:00 am to 10 pm daily.
12. The Conditional Use Permit is granted only to the current applicant and shall
become null and void upon transfer of the proveriy.
STANDARD CONDITIONS OF APPROVAL
1. This conditional use permit shall be subject to the expiration provisions set forth
in MCC 11-17-4.B.
2. All 90 degree parking stalls shall be at least 9 feet wide and 18 feet long per
Ordinance 11-13-4.F. All drive aisles adjacent to parallel parking shall be at least
25 feet wide.
3. All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in
compliance with Federal accessibility guidelines.
4. All exterior lighting, whether attached to the building or located within the
parking lot, shall be down -shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4C.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
6. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the
form of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy.
7. The applicant shall be required to pay Public Works development ,plan review,
and construction inspection fees, as determined during the plan review process.
Fire Department Comment:
I. One and two family dwellings will require a fire -flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D103.6 Signs.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
7. Commercial and office occupancies will require a fire -flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
8. Maintain a separation of 5' from the building to the dumpster enclosure.
9. Provide a Knoxbox entry system for the complex prior to occupancy.
10. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
11. Provide exterior egress lighting as required by the International Building & Fire
Codes.
12. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
Sanitary Services Comnany Comment:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
Parks & Recreation Department Comment:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
Police Department Comment:
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, front porches, and adequate nighttime lighting. The site plan
and/or landscaping plan shall be revised in accord with those discussions.
2. The east fagade shall be modified to include windows that look onto the parking
areas and/or other public areas.
3. The proposed landscaping creates a hiding spot. The applicant shall submit a
revised landscaping plan that affords greater visibility of the area from public
areas such as a street or parking lot.
EXHIBIT D
Ulmer, Ruth and Jeff
CUP -05-028, RZ-05-002
Required Findings
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment (11-
15-11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
City Council finds that the requested Old Town (O -T) zoning designation is in
accord with the Comprehensive Plan's Future Land Use Map, which delineates
the subject property as "Old -Town". The text of the Comprehensive Plan (page
99) supports a variety of uses in the O -T zone, including offices.
B. Is the area included in the zoning amendment intended to be re -zoned in the
future;
City Council finds that the proposed re -zone and accompanying development
plans comply with the requested zone and staff does not anticipate that the
property will be rezoned in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
City Council finds that the applicant has submitted detailed development plans for
a Conditional Use Permit for the property. City Council further finds that the
proposed office/retail use will only be allowed with the approval of a Conditional
Use Permit in the proposed O -T zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
City Council finds that the City's Comprehensive Plan has provided the applicant
with the ability to request the O -T zone for the subject property. Much of
downtown Meridian has already redeveloped to a mix of residential, office, and
commercial uses, which is the intent of the Old Town zoning district. The nearest
properties zoned O -T are approximately two blocks to the west along State Street
and currently contain residences. The closest properties which are zoned O -T and
being used for non-residential uses are approximately two blocks west and one
block south, the intersection of E. Pine Avenue and E. 3rd Street. The area
immediately surrounding the property is zoned residential, and rezoning the
subject property to O -T will be a "spot zone" until other properties in the area are
rezoned. It is anticipated, however, that the zoning of the area immediately
surrounding this property will change in the future in accordance with the "Old
Town" Comprehensive Plan designation.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
City Council finds that the proposed development may change the existing
character of the neighborhood, but is appropriate with the intended character of
the "Old Town" designation of the 2002 Comprehensive Plan Future Land Use
Map. The area immediately surrounding the property is residential in appearance
and character, and the addition of an office use with the associated off-street
parking and traffic it generates could change the existing character of the
neighborhood. It is anticipated, however, that the character of the area
immediately surrounding this property will change to a mix of residential, office,
and retail uses in the future in accordance with the "Old Town" Comprehensive
Plan designation.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
City Council finds that the requested rezone should not be disturbing to existing
or future neighboring uses. Through the comp plan process, the City determined
that compact, infill development is appropriate for the area. Any future change of
use on the property that may have a significant impact on the surrounding
properties will require conditional use approval under current ordinances, and
adjoining property owners will have an opportunity to comment.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
City Council finds that the proposed uses can be adequately served by all essential
Public services and facilities. Drainage will need to be retained on site.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
City Council finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
City Council finds that the proposed O -T zoning designation of the property does
not inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental to the general welfare of the
community.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
City Council finds that the proposed O -T zoning will not interfere with general
traffic patterns on any public streets. Please refer to the ACHD staff report for a
full report on traffic issues.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
City Council finds that no natural or scenic features will be lost or damaged by
the project.
L. Is the proposed zoning amendment in the best interest of the City;
City Council finds that the proposed rezone would be in the best interest of the
City by allowing a property owner to make improvements to the property for re-
development that would otherwise not be allowed without the rezone.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The applicant is proposing 2,412 s.f. of office space. Ordinance requires one (1)
off-street parking space per 400 s.f for professional offices, thus, the project
requires six (6) spaces for the office use. Six (6) spaces are provided per the site
plan. Staff is aware that the structure has a basement which is included in the
2,412 square feet of proposed office space. The submitted site plans show a
twenty foot (20') wide drive aisle adjacent to the parking spaces to the east of the
structure. MCC 11-13-4.F requires a twenty-five foot (25') drive aisle adjacent to
all parking spaces. The applicant should be required to widen the drive aisle to
twenty-five feet (25') and shift the parking spacing correspondingly to the east.
This reduces the width of the planter along the east property line to two feet (2'),
which is discussed below.
Due to site constraints and the required parking space and drive aisle dimensions
per Meridian City Code, the applicant cannot meet the requirements for a five foot
(5') landscape strip adjacent to parking areas or the required land use buffers.
The required land use buffer between the proposed office use and the residences
to the south and east is twenty feet (20'). Meridian City Code requires that within
three (3) years, sixty percent (60%) or more of the vertical surface within the land
use buffer is to be closed by vegetation, preventing the passage of vision through
it. This requirement can be reduced to one (1) tree per thirty-five feet (35') if a
solid six foot (6') fence is provided. The applicant can only provide
approximately two feet (2') of width due to site constraints and required parking
located along the east property line and can only provide seven feet (7') to the
south due to the location of the existing structure. Staff would support reduction
of these required buffers through Alternative Compliance (MCC 12-13-8), and
recommends that the applicant should be required to install a six foot (6') solid
fence along the south and east property lines. In addition, the applicant should
provide two (2) additional trees on along the south property line and one (1)
additional tree along the east property line. The planter area between the parking
lot and the east property line is too narrow for any trees, so staff recommends
placing the required additional two trees as follows: I. Move the Flowering Pear
tree drawn in the southeast corner of the parking lot approximately nine feet (9')
to the east and add an additional tree of similar size in the area between the
Flowering Pear and the east property line; and 2. Add an additional tree
approximately on the north property line, adjacent to the northernmost parking
space.
City Council finds that the subject property, as depicted, is large enough to
accommodate the required parking, open spaces and landscaping required by the
ordinance for an office use, as long as the buffers between land uses are approved
under alternative compliance.
C. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as Old
Town. City Council finds that if the modifications required in this report are done,
the application will meet the requirements of the Zoning Ordinance. See items A
and C under the Zoning Amendment Analysis.
D. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
City Council finds the design concept to be compatible with the intended
character of the area. See item E under the Zoning Amendment Analysis.
E. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that the proposed development will not have an adverse impact
on the surrounding property.
F. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
See comments under the Zoning Amendment Analysis item G.
G. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See comments under the Zoning Amendment Analysis item H.
H. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
See comments under the Zoning Amendment Analysis item I.
1. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
See comments under the Zoning Amendment Analysis item J.
J. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
See comments under the Zoning Amendment Analysis item K.